Manjeet Singh v. Guru Harkrishan Public School and Ors.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. Present writ petition has been filed seeking the following reliefs:- “a) Issue a writ of mandamus, order or direction, directing the Respondent No. 3 to pass a speaking order on the representation dated 1.8.2022 (Annexure-P/11) and direct the Respondent Nos. 1& 2 to refix the pay scale of the Petitioner as librarian as Rs. 5500-175-9000 and pay the arrears along with interest; b) Issue a writ of mandamus, order or direction, to set aside the order dated 26.5.2014 issued by the respondent no. 1 & 2 whereby it reduce the pay scale of the Petitioner and direct them to refix the pay scale of the Petitioner Librarian as Rs. 5500-175- 9000 w.e.f. 1.1.1996 and corresponding pay scale as per 6th CPC w.e.f. 1.1.2006 and to pay arrears along with interest; c) Issue a writ of mandamus, order or direction, direct the respondent no.3 to take appropriate action against the respondent no.1 & 2 for not adhearing to the provisions of Delhi School Education Act & Rules;”

4. The brief facts necessary for the disposal of the writ petition are that on 21.04.1988 Petitioner was appointed as Accounts Assistant in the Respondent School/Guru Harkrishan Public School, Punjabi Bagh and thereafter appointed as a Librarian on 01.09.1993.

5. In the year 1999, Petitioner requested the School to fix his pay as a Librarian giving parity with employees of the corresponding status in the Government run/aided schools in terms of Section 10(1) of the Delhi School Education Act, 1973. By an Office Note dated 26.03.1999, the School, pursuant to a clarification sought by the Directorate of Education recommended that the Petitioner be placed in the pay scale of Rs. 5500-175-9000, since under the 5th CPC, Librarians are to be treated as a teaching staff.

6. On 14.02.2014, however, Respondent No.3/DOE passed an order reducing the Grade Pay of Librarian from Rs. 4600/- to Rs. 4200/-. On 19.02.2014, another order was passed by the DOE keeping the order dated 14.02.2014 in abeyance till further orders.

7. On 26.05.2014, Respondent No.1/School issued a Notification fixing the pay of the Librarian under the 6th CPC and taking the pay scale as Rs. 5000-8000 under the 5th CPC, granted corresponding Pay Band and Grade Pay, under the 6th CPC. On 04.08.2014, the School passed an order in terms of the said Notification and fixed the pay of the Petitioner in the pay scale of Rs. 5000-8000 under the 5th CPC and he was consequently granted a grade pay of Rs. 4200/- under the 6th CPC instead of Rs. 4600/-.

8. Aggrieved by the grant of grade pay of Rs.4200/-, instead of Rs.4600/-, Petitioner sent a representation on 01.08.2016 followed by reminders. However, till date the representations of the Petitioner have not been decided compelling the Petitioner to approach this Court and the limited relief sought in the present writ petition is for a direction to Respondent No.3/DOE to decide the representation dated 01.08.2022.

9. Issue notice.

10. Mr. Yeeshu Jain, learned Additional Standing Counsel accepts notice on behalf of Respondent No.3.

11. In view of the limited relief sought in the present writ petition, the same is allowed directing Respondent No.3 to decide the representation dated 01.08.2022 and pass a reasoned and speaking order thereon within four weeks from today. Needless to state that the copy of the speaking order so passed shall be communicated to the Petitioner, who would be at liberty to assail the same, in case of any surviving grievance, in accordance with law.

12. Writ Petition is disposed of in the aforesaid terms.

JYOTI SINGH, J JANUARY 16, 2023